HomeMy WebLinkAboutO-1005ORDINANCE NO. 1005
AN ORDINANCE AMENDING ORDINANCE NO. 557, THE FAIRHOPE
ZONING ORDINANCE, PURSUANT TO AUTHORITY GRANTED BY
SECTION 11-52-78, CODE OF ALABAMA, 1975, AS AMENDED:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. Those certain sections of the Fairhope
Zoning Ordinance, Ordinance No. 557, be
and the same hereby are amended to read as follows:
5.42.1.2 Requirements for Lot Area, Lot Width,
Coverage and Other Factors:
a. Minimum Lot Area and Width: Where a single
family or a duplex dwelling is proposed in this
district, the lot shall be not less than 75 feet
wide at the building setback line and shall contain
not less than 10,500 square feet of area.
That width and area is the minimum allowable in this
zoning district. For multi -family use, the maximum
allowable density shall be computed at eight (8)
units per acre and five (5) feet of additional width
shall be required for each multi -family unit.
b. Yard Regulations:
1. Each lot shall have a minimum front yard of
thirty (30) feet.
2. Each lot shall have a minimum side yard of
10 feet, except where such side yard contains
a driveway, such sideyard shall be increased to
fifteen (15) feet and a minimum planting area of
three (3) shall be maintained between the drive
and the boundary line of adjacent property.
3. Each lot shall have a minimum rear yard of
thirty-five (35) feet.
C. Maximum Building Height: Except as provided for
elsewhere in this ordinance no structure shall
exceed a height of thirty (30) feet or two stories.
d. Maximum Building Coverage: Maximum building
coverage shall not exceed thirty (30) percent of
land area, but this subsection shall not operate
as a waiver of maximum allowable density of eight
(8) units per acre.
e. Off-street Parking: All uses in this district
shall provide off-street parking at the ratio
of two (2) parking spaces per residential unit.
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5.52.12 Requirements for Lot Area, Lot Width,
Coverage and Other Factors:
a. Minimum Lot Area and Width: Where a single
family or a duplex dwelling is proposed in this
district, the lot shall be not less than 75 feet
wide at the building setback line and shall contain
not less than 10,500 square feet of area.
That width and area is the minimum allowable in this
zoning district. For multi -family use, the maximum
allowable density shall be computed at ten (10)
units per acre and five (5) feet of additional width
shall be required for each multi -family unit.
b. Yard Regulations:
1. Each lot shall have a minimum front yard of
thirty (30) feet.
2. Each lot shall have a minimum side yard of
10 feet, except where such side yard contains
a driveway, such sideyard shall be increased to
fifteen (15) feet and a minimum planting area of
three (3) shall be maintained between the drive
and the boundary line of adjacent property.
3. Each lot shall have a minimum rear yard of
thirty-five (35) feet.
4. Building clusters shall be spaced not less
than twenty (20) feet apart.
c. Maximum Building Height: Except as provided for
elsewhere in this ordinance no structure shall
exceed a height of thirty (30) feet or two stories.
d. Maximum Building Coverage: Maximum building
coverage shall not exceed thirty (30) percent of
land area, but this subsection shall not operate
as a waiver of maximum allowable density of eight
(8) units per acre.
e. Off-street Parking: All uses in this district
shall provide off-street parking at the ratio
of two (2) parking spaces per residential unit.
6.52 Open Space, Size and Density:
Around every residential building
there shall be a minimum open space, unobstructed
by any other building; there shall be a minimum size
for projects; and there shall be a maximum density.
The following shall apply:
(1) Minimum site size shall be ten (10) acres for
fixed unit development or five (5) acres for
mobile home development.
(2) Maximum density shall be ten (10) units per acre
for residential uses.
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(3) Setback at property line, development perimeter
shall be forty (40) feet.
(4) Minimum usable open space shall exclude all
drives, walkways and parking areas but shall
include all other common open space. Such
minimum open space shall be not less than
twenty five (25) percent of total project area.
(5) Minimum open space around residential buildings
shall be fifteen (15) feet, provided that a
greater open space may be required upon the
determination of the planning commission that
such is required to maintain the spirit and
harmony of the zoning ordinance.
5.45 B-4 Business and Professional Offices:
5.46 - Business/Professional District:
5.461 Uses Permitted: Professional and Business
Offices for the following types of use:
doctors, dentists, chiropractors, lawyers, engineers,
architects, real estate, insurance, financial
institutions, public buildings and utility offices;
prior existing lawful, non -conforming uses subject to
provisions of Sections 4.4 and 5.465 herein.
5.462 Uses Permitted of Appeal: Any use of a
business or professional nature not otherwise
prohibited elsewhere in this ordinance, upon a finding
by the Board of Adjustments and Appeals that a
particular site is suitable for the use proposed and
is not incompatible with the neighborhood where the
use is proposed.
5.463 Uses Prohibited: Any use which is otherwise
provided for as a use permitted or a use
permitted on appeal which conflicts with the intent of
this section or which is otherwise prohibited
elsewhere in this ordinance; veterinary offices where
animals are boarded or where animals are permitted
outside the building; any use involving retail sales
or display and/or delivery of merchandise; beauty and
barber shops; places of amusement; coin operated
machine businesses; laundromats; dry cleaners; shoe
repair; restaurants; food stores; theaters; bowling
alleys; skating rinks; and all other types of services
similar to those hereinabove prohibited.
5.464 Lot Area, Building Coverage and Other Factors:
a. Lots shall have a minimum width of 75 feet at the
building setback line and shall not contain less
than 10,500 square feet of area. Provided, however,
that in any case lots shall be of sufficient size to
meet all the minimum requirements of this ordinance.
b. Maximum ground coverage by buildings shall not
exceed thirty-five (35) percent of total lot area.
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c. Maximum building height shall not exceed 35 feet,
two stories.
d. Minimum Yard Requirements:
1.
Front
35
feet
2.
Rear
40
feet
3.
Interior side
10
feet
4.
Driveway side:
15
feet
5.
Street side:
20
feet
e. Parking Requirements:
Parking shall be provided according to parking
schedule and regulations elsewhere in this
ordinance, but no parking shall be permitted in
the front yard.
f. In addition to other landscaping requirements of
this ordinance, the following shall apply to this
district:
1. For the purposes of this district, all uses
except those permitted in this district are
deemed to be incompatible uses and there shall be
provided along the property lines thereto abutting
a solid, unbroken visual screen of living plants not
less than six feet in height at time of planting.
The same shall apply to all vacant, abutting lands.
2. within the outer ten (10) feet of the front
yards of uses abutting any arterial highway
there shall be provided a solid, unbroken (except
for driveway) visual screen of living plant material
at least four feet in height at time of planting.
The same requirement shall apply to the outer six
(6) feet of all street side yards on corner lots.
5.465 Lawfully Existing Non -conforming uses in
District:
Other non -conforming provisions of this ordinance
notwithstanding, a use heretofore existing in the
B-4 District may continue therein exempt from the
more restrictive provisions herein, but shall not
be converted to any other use and shall not be
extended or expanded, except upon strict conformity
with the requirements of Section 5.46.
6.63 Number of Townhouse or Condominium Units:
There shall_be permitted no fewer than four
and no more than eight dwelling units in any
townhouse or condominium structure.
7.421 Not more than four (4) contiguous townhouse
units shall be built in a row with the same
front line, and not more than eight (9) townhouses
shall be contiguous. In groups of townhouses
consisting of more than four units, the required
difference in -front alignment shall be three (3) feet.
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7.422 Minimum width for the portion of a lot upon
which a townhouse is to be constructed shall
be fifty (50) feet.
7.423 Maximum permitted density for townhouses shall
be eight (8) units per acre, resulting in a
minimum area of 5445 square feet for each townhouse.
70.13 Parking Schedule
70.131 Dwellings:
Land Use
1. All Residential Uses
2. Hotels
3. Motels
Tourist Courts
Boarding Houses
Mobile Homes/Parks
4. Bed and Breakfast
Parking Required
Two (2) Spaces per
dwelling unit
One (1) space per
bedroom plus 1 space
per five employees
one (1) space per guest
bedroom, mobile home or
travel trailer space,
plus 1 space for manager
or owner
Two (2) spaces per
residential use plus
one space per guest
bedroom.
5. Board/Rooming One (1) space per
Houses, independent guest bedroom.
of residential use
Dormitories
Section 2. Separability and Validity.
Each phrase, sentence, paragraph, section or
other provision of this ordinance is severable
from all other phrases, sentences, paragraphs, sections
and provisions. Should any phrase, sentence, paragraph,
section or provision of this ordinance be declared by the
courts to be unconstitutional or invalid, such declaration
shall not affect any other portion or provision of this
ordinance.
Section 3. This Ordinance shall take effect upon its
due adoption and publication as required by law.
ADOPTED THIS THE 23 DAY OF DECEMBER 1996
J s P. Nix, Mayor
A EST:
Evelyn Phillips
City Clerk
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